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HomeMy WebLinkAbout08351ORDINANCE NO. 8351 AN ORDINANCE APPROVING A MEMORANDUM OF AGREEMENT BETWEEN PUEBLO SCHOOL DISTRICT 60 AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE POLICE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Agreement between Pueblo School District 60 and the City of Pueblo, a Municipal Corporation, on behalf of the Police Department, relating to CPPS Partnership for Success Grant 2010-2014, Project Number PD1102, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute the Memorandum of Agreement for and on behalf of Pueblo, a Municipal Corporation, and the City Clerk to attest same. INTRODUCED: May 9, 2011 BY: Leroy Garcia COUNCILPERSON PASSED AND APPROVED: May 23, 2011 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-1 May 9, 2011 DEPARTMENT: POLICE DEPARTMENT INTERIM CHIEF LUIS VELEZ TITLE AN ORDINANCE APPROVING A MEMORANDUM OF AGREEMENT BETWEEN PUEBLO SCHOOL DISTRICT 60 AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE POLICE DEPARTMENT ISSUE Whether to approve the Memorandum of Agreement relating to partnering with Pueblo School District 60 on a Colorado Incentive Grant entitled “Colorado Prevention Partnership for Success (CPPS)." RECOMMENDATION The department recommends approval of this Ordinance. BACKGROUND This Memorandum of Agreement allows the City of Pueblo, through its Police Department, to partner with Pueblo School District 60 on a Colorado State Incentive Grant, Project Number PD1102, to promote the prevention of substance abuse in Pueblo, particularly Latino underage drinking and binge drinking for a 24-month period beginning 7/1/2010. The total amount of the grant is $93,400.00. FINANCIAL IMPACT There is no City match required for this grant. Pueblo School District 60 will pay to the City annually an amount not to exceed $62,400 as listed in Section V of the MOA. Memorandum of Agreement (MOA) CPPS Partnership for Success Grant 2010 -2014 Memorandum of Agreement Between City of Pueblo, a Municipal Corporation Community Coalrtion/PPB And Pueblo School District 60 I. Background In fiscal year 2009 -2010, the Colorado Prevention Partnership For Success (CPPS) received funding from a State Incentive Grant from the Substance Abuse and Mental Health Services Administration (SAMHSA), awarded to the Governor's Office to implement the Strategic Prevention Framework. The state underwent a preliminary needs assessment process to identify areas in Colorado that have elevated rates of underage drinking, substance abuse and related problems and that have proportionately fewer public resources allocated to address these issues. The Colorado Prevention Partnership Advisory Council (CPPSAC) selected Pueblo and three (3) other areas in Colorado to receive funding in fiscal year 2009 -10 The purpose of these funds is to support collaboration between school systems and other organizations in the community to promote the prevention of Latino underage drinking and Latino binge drinking and other problems by supporting communities in building and enhancing local prevention infrastructure. Infrastructure includes prevention- focused coalitions, organizations and networks, professional workforce, and policy decision - making bodies. II. Purpose of the Memorandum of Agreement The CPPS awarded funding to the Pueblo School District 60, a/k/a Pueblo City Schools (the District) under a Grant Agreement (the "Grant ") to enhance school - community collaboration and the coordination of substance abuse - related prevention efforts for children, youth and adults within Pueblo This MOA represents an agreement between the City of Pueblo, a Municipal Corporation ( "City ") and the District to collaborate on the implementation of the Strategic Prevention Framework in Pueblo using funding provided under the Grant. Through this collaboration, the District, City and the Pueblo Coalition to Prevent Underage Drinking and Drugging — consisting of the Pueblo Police Department, Municipal Court as units of the City, and the Pueblo County Sheriff - will collaborate on their efforts to reduce substance abuse within Pueblo and to build, enhance and sustain effective prevention strategies, policies, programs and practices, particularly as these relate to underage drinking. Page 1 of 6 MOA III. Shared Concerns The parties to this MOA recognize that enhancing collaboration between the two entities constitutes an essential step in strengthening local prevention efforts and reducing substance abuse, particularly underage drinking, in Pueblo The parties further recognize that children and youth spend a significant amount of time working with school personnel on a daily basis, making school personnel and school systems a key part of prevention efforts The parties also recognize that underage drinking and substance abuse impact school attendance, academic performance and other areas of students' lives that are important predictors of current and future health and well being. Collectively, the efforts of the parties under this MOA will strengthen schools and the broader community Responsibility of the District. Under the terms of this MOA, the District shall • Serve as the recipient of and fiscal agent for the Grant. • Provide a complete copy of the fully executed Grant and attachments to City • Serve on the Pueblo Prevention Partners Community coalition and the Pueblo Prevention Policy Board. • Participate in annual administration of the Healthy Kids Colorado Survey for grades 6 -12 • Support and guide the CPPS Project Coordinator, Project Evaluator, Administrative Assistant and state evaluator in annual administration of the Healthy Kids Colorado Survey to be used as part of the local needs assessment and state evaluation. Responsibility of City: Under the terms of this MOA, City shall • Assign a Pueblo Police Department representative to manage the CPPS funds budgeted to City under this MOA, coordinate the overall enforcement budget with a representative of the Pueblo County Sheriff's Office, and process monthly invoices for services to the District for services performed under the Scope of Work attached hereto • With respect to the services provided by City under this MOA, comply with the terms and requirements of the Grant. • Furnish the law enforcement services to be provided by the Pueblo Police Department set forth in the attached Scope of Work, including any descriptions in said Scope of Work concerning the manner and time in which the services are to be performed. • Maintain records and data relating to the services performed by City under this MOA, in accordance with Grant requirements. IV Personnel The parties understand and agree that City shall, at all times during the term of this MOA, be deemed an independent contractor and not an employee of the District, and shall be responsible in accordance with law for all withholding taxes, social security, unemployment, workers' compensation, and /or other employment taxes with respect to its employees, and, to the extent permitted by law, shall indemnify and hold the District harmless from and against any and all claims for the same. Page 2 of 6 MOA Each party will be solely and entirely responsible for its acts and acts of its agents, officers, subcontractors, and employees. To the extent permitted by law, each party shall indemnify and hold harmless the other party from all claims, damages, liabilities, actions, and costs of the defense thereof including reasonable attorney fees, arising out of or resulting from the negligent acts or omissions of its agents, officers and employees, or caused by or sustained in connection with the performance of this MOA by such party or, or based upon a violation of any statute, ordinance or regulations by such party V Payment In consideration of the provision of services and reporting as set forth herein, the District will pay to the City annually an amount not to exceed $62,400 for services of Pueblo Police Department specified in the following manner, subject to verification by the District of full and satisfactory performance with the terms of the MOA a. For the period October 1, 2010 through September 30, 2011, an amount not to exceed $50,000 00, as follows (1) Capital and operating expenses for purchase of Portable Breath Testers (PBT's) for enforcement of Underage Drinking Laws, Underage Drinking Task Force (police officer) overtime and payroll expenses of Pueblo Police Department enforcement efforts for community and school events and related costs for Pueblo Municipal Court to operate minor in possession and minor consumption court sessions, including Municipal Night Court sessions a. For the period October 1, 2011 through September 30, 2012, an amount not to exceed $62,400, as follows (1) Capital and operating expenses for purchase of Portable Breath Testers (PBT's) for enforcement of Underage Drinking Laws, Underage Drinking Task Force (police officer) overtime and payroll expenses of Pueblo Police Department enforcement efforts for community and school events and related costs for Pueblo Municipal Court to operate minor in possession and minor consumption court sessions, including Municipal Night Court sessions. b The amount of funding for future years of this grant through September 30, 2015 or later if extended will be set by CPPS c Upon receipt by the District of a signed monthly statement from City requesting reimbursement in accordance with the categories and line items of the budget set forth in an attachment to this MOA and incorporated herein. Said statement shall also set forth date, name of payee, amount of payments, and description of expenditures and copies of supporting documentation. City's monthly billings shall be submitted by the 10 of the Page 3 of 6 MOA month following the month services were performed. The District shall make payments to City within 60 days of receipt of billing. The District agrees to be the fiscal agent and pay City for services provided in accordance with the Scope of Work. VI. Records Maintenance, Performance Monitoring and Audits City shall provide reasonable access during regular business hours to its records that pertain to the operation of the program /project or the delivery of services under this MOA. Such records shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies and services and other costs of whatever nature for which a payment was made under this MOA. The City and the District each agree to comply with the Colorado Open Records Act and the Colorado Criminal Justice Records Act, as applicable The City shall cooperate in the performance of audits and /or inspections of its records, at any reasonable time, to assure compliance with the Grant terms and /or to evaluate City's performance. Any amounts the District paid improperly shall be promptly returned to the District or may be recovered in accordance with law All such records maintained by City, relating to its performance under this MOA shall be retained for a period of three (3) years from the date of final payment. This MOA may be terminated by either party upon 30 days prior written notice. In addition, the District may terminate this MOA immediately if (i) The District funding for the Services is terminated, (ii) City fails to timely and satisfactorily perform the Services, (in) or City is in default of any material provision of this MOA. XI. Term of MOA Unless sooner terminated as provided herein, the term of this MOA shall commence on April 1, 2010 and terminate on September 30, 2012 The grant funding is scheduled thru September 30, 2010 and this MOA may be extended annually by the written consent to extension of both parties which consent to extension shall be given not later than 30 -days prior to the anniversary date of the District's approval of this MOA. XII. Other A. This MOA constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No modification of this MOA, and no waiver of any of the MOA's provisions or conditions, shall be binding unless made by written document signed by the parties. Any delegation or assignment of this MOA by either party, without the prior written consent of the other party, shall be void. This MOA shall be governed by, and construed according to, the laws of the State of Colorado Page 4 of 6 MOA • B This MOA is intended to govern the agreement of the parties only with respect to the performance of City under the Grant. City expressly disclaims any responsibility for work performed by the Pueblo County Sheriff or other third parties. C The District certifies that neither it nor any members of its Board of Education, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities undertaken with any federal financial assistance pursuant to this MOA, nor has an interest in any contract, subcontract or agreement with respect thereto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter The District and the City further agree that each respectively shall avoid all conflicts of interest which are prohibited by applicable federal regulations. D In the event this MOA or any material provision hereof shall be declared to be invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations, the parties will immediately begin negotiations to modify or amend this MOA in order that it shall, as amended, express and contain the understanding and intentions of the parties. E. The subject headings of the paragraphs of this MOA are included for purposes of convenience only, and shall not affect the construction or interpretation of its provisions. F Except as set forth elsewhere in this paragraph, all notices to be given under this MOA shall be made in writing, and shall be sufficient if delivered personally, or mailed by First Class United States Mail, postage prepaid, to the other party at the following addresses If to the District. Pueblo School District 60 Attention. Superintendent 315 W 11th Street Pueblo, CO 81003 Telephone (719)549 -7100 If to the City Pueblo Police Department Attention. Chief of Police 200 South Main Street Pueblo, CO 81003 Telephone (719)553 -2420 Page 5 of 6 MOA IN WITNESS WHEREOF, the parties have entered into this MOA the day and year first written above. BOARD OF EDUCATION CITY OF PUEBLO PUEBLO SCHOOL DISTRICT 60 a Municipal Corporation a/k/a PUEBLO CITY SCHOOLS By. .1 It . �j0 . By Stephanie arcia, President President f the ity Council Date 6/3 k Date May 23, 2011 Attest: By' City Wrk APPROVED AS TO FORM APPROVED AS TO FORM 14-P es R. Gerler City Attorney ' etersen & Fonda, P C Attorneys for Pueblo School District 60 Page 6 of 6 MOA